1 CGHC010297312026 2026:CGHC:34530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7204 of 2026 Wasim Khan S/o Ahmad Khan Aged About 36 Years R/o House No. 294, Sanjay Nagar R.D.A. Colony Behind Of Soheil Grocery Store Tehsil And District Raipur C.G. ... Applicant versus State Of Chhattisgarh Through Statation House Officer, P.S. Tikrapara District Raipur C.G. ... Non-Applicant For Applicant : Shri Divyansh Shukla, Advocate. For Non-Applicant : Miss Samiksha Gupta, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06/08/2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.877/2025 registered at Police Station Tikrapara, District Raipur (C.G.) for the offence under Sections 25 & 27 of the Arms Act. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.07 18:09:30 +0530 2 2. The prosecution case, in brief, is that on 27.10.2025, the police of Police Station Tikrapara, Raipur, allegedly received secret information that the applicant was carrying a knife near Jhanda chowk and creating fear amongst the public. Acting upon the said information, the police apprehended the applicant and allegedly recovered an iron knife measuring about 8 inch in total length from his possession, in respect of which he could not produce any licence or authority, and thereafter FIR was registered against the applicant. Hence the bail application. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime. The prosecution case is based solely on the alleged recovery without any independent reliable evidence. Admittedly no injury has been caused to any person by the alleged weapon and the prosecution story does not disclose any actual use thereof resulting in bodily harm. The alleged weapon has already been seized and nothing remains to be recovered from the applicant. The investigation has substantially progressed and custodial interrogation of the applicant is no longer necessary. All the criminal cases previously registered against the applicant have already been disposed of and the applicant has been acquitted therein and only one case is pending against him. The applicant is in jail since 27.10.2025. Therefore, the applicant may be released on bail. 3 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the applicant has 6 criminal antecedents registered against him, out of which 5 cases have already been disposed of and one case is pending, and the charge sheet has been submitted against the applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, and the fact that the charge sheet has already been submitted against the applicant, all the criminal cases previously registered against the applicant have already been disposed of and the applicant has been acquitted therein and only one case is pending against him, which is mentioned in the bail application, the applicant is in jail since 27.10.2025 and conclusion of trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Wasim Khan, involved in Crime No.877/2025 registered at Police Station Tikrapara, District Raipur (C.G.) for the offence under Sections 25 & 27 of the Arms Act, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the 4 effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the 5 applicants are deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Barve